“During the investigation, facts of false publications and illegal collection of funds for the account of Smailova's civil partner were established, in violation of legal requirements, which were subsequently used for personal purposes. Since 2021, while being outside Kazakhstan, Smailova regularly announced fundraising allegedly to assist victims of violence. For example, from February 1 to February 21, 2024, she made 10 posts on the social network Instagram requesting financial support for the fund, indicating her civil partner's account in Kazakhstan and a bank account in Georgia.”
In an interview with Orda.kz, Dina Tansari reiterated that she considers the cases opened against her to be illegal. She provided the following fact: Kazakhstan requested the extradition of Dina Smailova from Montenegro, to which the Balkan republic asked for confirmation of the public figure's guilt, which it did not receive from the police of Kazakhstan.
Regarding the fundraising for Almat Mukhametjanov, who is mentioned in the Ministry of Internal Affairs as "Smailova's civil partner," she stated:
“Firstly, Almat Mukhametjanov is my legal husband; we are officially registered. Secondly, he is the chairman of the board of trustees of the 'NeMolchi' fund. The police reviewed our documents and know this, but distort this information.”
The second complaint from the Ministry of Internal Affairs against Dina Tansari is the lack of audit checks in the 'NeMolchi' fund.
“According to the country's legislation, public funds are required to conduct annual audits, the results of which should be reported in the media to ensure transparency in the activities of the public organization. However, since the establishment of the 'NeMolchi' public fund, no audit has been conducted, and no data has been published,” the law enforcement agency's response states.
The president of the 'NeMolchi' fund believes that their organization is not obligated to conduct an audit because it does not receive any form of support from the state.
“We will conduct an audit as soon as the government allocates us a grant and we utilize it. But that will never happen!” says Tansari.
According to her, their fund fundamentally rejects assistance from the government to remain an independent organization. This is why she relies on donations for funding. She believes that these fall under Article 516 of the Civil Code of Kazakhstan, which pertains to "Donations."
“We constantly and systematically report on donations to the donors. The government has no relation to them,” says the president of the 'NeMolchi' fund.
At the same time, Dina Tansari feels that they are being placed in the same category as charitable foundations, although this is not the case.
“We are a public fund. Our charter states that we protect women and children from violence, provide lawyers, offer consultations, provide psychologists, and conduct educational work. We do not go beyond our charter activities,” she explains.
Additionally, Tansari mentions that ordering an audit check costs around five million tenge, which the fund cannot afford.
Returning to the response from the Ministry of Internal Affairs: it states that during the investigation, an audit of the 'NeMolchi' fund was appointed:
“The audit established that over seven thousand transactions totaling 56 million 123 thousand tenge were made to the personal account of D. Smailova's civil partner. Of this amount, auditors confirmed payments for the services of victim lawyers totaling 5 million 608 thousand tenge; the remaining amount was spent on needs unrelated to the fund's activities.”
Tansari believes that, firstly, the police have taken on an auditing function that is not their responsibility. Secondly, she states that the collected funds are directed not only toward paying lawyers but also for other purposes to support the fund's operations. As an example, she cited the report for 2023, when the fund's expenses totaled 65.9 million tenge. This included not only payments to lawyers but also costs for assisting victims, employee salaries, office rent, conducting press conferences, paying for internet, etc. This also included 5.3 million tenge for medical treatment, relocation to Montenegro, and housing rental for Dina Tansari herself.